A person who is authorized by an issuer to furnish money,
goods, services or anything else of value upon presentation of a credit card by
the cardholder, or any agent or employees of such person, who, with intent to
defraud the issuer or the cardholder, furnishes money, goods, services or
anything else of value upon presentation of a credit card which he/she knows is
forged, expired or revoked . . .is guilty of a crime.

In
order to find the defendant guilty, the State must prove the following elements
beyond a reasonable doubt:

1.The defendant was a person authorized
or an agent or employee of a person authorized by the issuer to furnish money,
goods, services or anything else of value upon presentation of a credit card by
the cardholder.

2.The defendant furnished money, goods,
services or anything else of value upon presentation of a credit card which he/she knew was
forged, expired or revoked.

3.The defendant acted knowingly.

4.The defendant had the intent to defraud
the issuer or cardholder.

The
first element that the State must prove beyond a reasonable doubt is that the
defendant was a person authorized or an agent or employee of a person
authorized by the issuer to furnish money, goods, services or anything else of
value upon presentation of a credit card by the cardholder.

“Issuer”
means the business organization or financial institution which issues a credit
card or its duly authorized agent.

“Credit
card” means any tangible or intangible instrument or device issued with or
without a fee by an issuer that can be used, alone or in connection with
another means of account access, in obtaining money, goods, services or
anything else of value on credit, including credit cards, credit plates,
account numbers, or any other means of account access.

“Cardholder”
means the person or organization named on the face of a credit

card to whom or for whose benefit the credit card is
issued by an issuer.

The
second element that the State must prove beyond a reasonable doubt is that the
defendant furnished money, goods, services or anything else of value upon
presentation of a credit card which he/she knew was
forged, expired or revoked.

The
term “expired credit card” means a credit card which is no longer valid because
the term shown either on it or on documentation provided to the cardholder by
the issuer has lapsed.

The
term “revoked credit card” means a credit card which is no longer valid because
permission to use it has been suspended or terminated by the issuer.

The
third element that the State must prove beyond a reasonable doubt is that the
defendant acted knowingly.

A person
acts “knowingly” with respect to a result of his/her
conduct if he/she is aware that it is practically certain that his/her
conduct will cause such a result.A
person acts knowingly with respect to the nature of his/her
conduct if he/she is aware that his/her
conduct is of that nature.“Knowing,”
“with knowledge” or equivalent terms have the same meaning.

Knowledge
is a condition of the mind which cannot be seen and can only be determined by
inferences from conduct, words or acts.It is not necessary for the State to produce a witness or witnesses who
could testify that the defendant acted knowingly.

The
fourth element that the State must prove beyond a reasonable doubt is that the
defendant had the intent to defraud the issue or cardholder.

A person
acts “with intent” when he/she acts with purpose.A
person acts purposely with respect to the nature of his/her
conduct or a result thereof if it is his/her
conscious objective to engage in conduct of that nature or to cause such a
result.A person acts purposely with
respect to attendant circumstances if he/she is aware of the existence of such circumstances or believes or
hopes that they exist.One can be deemed
to be acting purposely if he/she acts with design, with a purpose, with a particular objective,
if the individual means to do what he/she does.

“To
defraud” means to deprive a person of property or any interest, estate, or
right by deceit or artifice, to cheat.

If
you find that the State has proven all of the above elements beyond a
reasonable doubt, then you must find the defendant guilty of the crime charged.

If,
however, you find that the State has failed to prove any of the elements of the
crime beyond a reasonable doubt, you must then find the defendant not guilty.